The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1887-04-06
KELLOGG NICHOLS MURDER.
The Trial of Henry Schwartz
and Newton Watt, at
Morris, Ill
An Army or Witnesses-Opening Pleas
or the Counsel In the
Case.
MORRIS uLn.) CORRESPONDENCE. ]


The trial of Schwartz and Watt, charged
with the murder of Kellogg Nichols, the
Rock Island express messenger, in March,
1856, has been in progress here Tor more
than a week. Nothing was done the first
week of the trial beyond securing jury.
On Monday the opening speeches OF coun-
sci were made, and on Tuesday the intro
duction of evidence began. large num-
Der of witnesses are on hand. Among
them are Conductors Danforth, Wagner
and Newcomber, Engineer Woods, Fire
man Briggs, Baggageman Ramsey, Depot
master Wheeler, and Brakemen Johnson,
Thomas and Mulligan, all employees of the
Rock Island Road. w. A. Pinkerton IS
also here to testify. Quite number OF
other witnesses are on hand, among them
the express employees
The courtroom seats about 800. The
Hon. Dorrance Debell, the presiding Judge,
sits at the north end. He is perhaps As
years old, has a finely SHAPED head, and
very intelligent countenance. At his left
sit the twelve good men and true" who
constitute the jury. Nearly all OF them are
middle-aged men, and seven OF them are
farmers. Between the Judge and jury is a
table at which sit States Attorney Carter
and his associates in the prosecution, Judge
Wing and Mr.. Slough.
In front of the Judge a long table ex-
tends nearly across the room. AT one end
are eight or ten reporters, and at the other
sit counsel for the defense-Col. Bowman
of Philadelphia, Judge Baker and Messrs.
Case and Hogan of Chicago, and Judge
Jordan of Morris. Between counsel on
one side of the table are the two young men
who are on trial for their lives, Henry
Schwartz and Newton Watt. Directly back
of them two brothers of Watt and
Schwartz's father occupy chairs.
States Attorney o. n. Carter, in his
opening address in behalf of the prosecu-
ton, said that the extreme care
taken in selecting the jury indicated
the great importance of the case. He
spent considerable time in explaining the
law in its application to the case, dwelling
particularly on the nature and force to be
allowed circumstantial evidence, much of
which, it is understood, will figure in this
case. Next he spoke of reasonable
doubt, and cited authorities and decisions
to make clear what and only what the jury
was warranted in considering such when it
should come to make up its verdict. Mr..
Carter then briefly summarized the killing
of Express Messenger kellogg Nichols and
the circumstances Immediately connected
with the crime.
The Inflated train upon which the muir
der was committed left Chicago at IL
o'clock on the night of March II, year
ago. Wagner was conductor, Woods, en-
gineer; Briggs, fireman; Nichols, the muir
dered man, expressman; Watt, one of the
defendants, baggageman; Schwartz, the
other defendant, front brakeman; and
Johnson, rear brakeman. Watt, whose
position was that of front brakeman, had
on that night taken the place of the regular
baQgageman, Rumsey, who was sick.
! Schwartz, the rear brakeman, took Watts
place as front brakeman, and Johnson,
substitute, took Schwartzs usual place.
After explaining how Nichols was killed
! between the time the train left Joliet and
its arrival at Morris, he said that the next
morning the world was asking who COM
mitted the horrible crime.
1--WE of the prosecution" he said, con-
tinuing, have ceased to ask that question.
We believe we shall show you beyond
reasonable doubt that the defendants be-
! fore you were the men whose minds
! planned and whose hands committed that
murder"
Attorney Hogan made the opening state
ment in behalf of Schwartz, and Judge
Baker in behalf of Watt. Mr.. Case said
the whole case against the defendants was
summed no in this: Messenger Nichols was
! killed on a train on which they were.
| Schwartz returned to Chicago on a train on
which were found sachel and a piece Of
| paper supposed to have some connection
with the robbed safe, and Schwartz had been
spending some money in $50 bills. That
was the whole case, Mr.. Hogan said. The
case was called The People against Henry
! Schwartz and Newton Watt, but that was
misnomer. 1t should lie the Chicago, Rock
Island d Pacific Railroad Company against
Schwartz and Watt. The Rock Island
Company was one of the greatest corpora
lions in this country, and in this case had
resorted to all manner of deceit and false
! practice in order to convict the defendants.
Recurring to Mr.. Carriers assertion that
Watt had admitted receiving the $4,000
! package from Schwartz and TO other admis-
| siors claimed by the prosecution, Mr.. Ho-
| gan said admissions and confessions were
often made under circumstances Of COM
pulsion or browbeating, and that they were
rightly looked upon as very suspicious evil
dence.
Judge Baker, in behalf of Watt replied
to Mr.. Carter's opening speech, saying that
he did not think the defense had been
treated fairly. The State had furnished
list of Witnesses by name simply, but had
not furnished addresses or intimated what
they expected to prove by them. The jury
would find that the State would not be able
to prove that the defendants or either Of
them actually killed Kellogg Nichols. The
State had not intimated that it expected to
show that they we're accessories before the
fact. If it had any such expectations it
should have announced il. Judge Baker
then went on to explain what constitutes
an accessory before the fact and also after
the fact. The defendants could not under
the indictment be convicted and punished
as accessories after the fact, and the State,
he presumed, would make no such claim.
Judge Baker gave long explanation Of
the past life of Watt, and 10 some extent Of
his parents and brothers, in order to show
that he had been well brought up and had
led an exemplary life. He made plain
and telling plea to the jury TO give the evil
dence impartial consideration and TO allow
to the defendants the benefit Of all doubts.
@=---------
If You stick your finger into tho wa
J ter and take it out, it is in vain to look
for the hole; and equally so is il to.